United States of America v. Corey James Benjamin

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-2164
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Corey James Benjamin
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of Minnesota - St. Paul
____________
Submitted: February 13, 2013
Filed: February 15, 2013
[Unpublished]
____________
Before LOKEN, MELLOY, and BENTON, Circuit Judges.
____________
PER CURIAM.
Corey Benjamin appeals after he pled guilty to a firearm offense, in violation
of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e), and the district court sentenced him1
The Honorable Richard H. Kyle, United States District Judge for the District1
of Minnesota.

-- 1 of 2 --

to fifteen years in prison, the statutory minimum. His counsel has filed a brief under
Anders v. California, 386 U.S. 738 (1967), requesting leave to withdraw.
Benjamin’s own admissions at his change-of-plea hearing established that he
had violated 18 U.S.C. § 922(g)(1), and that he had at least three previous convictions
for separate offenses within the terms of 18 U.S.C. § 924(e). Thus, after carefully and
independently reviewing the record in accordance with Penson v. Ohio, 488 U.S. 75
(1988), we conclude that there are no nonfrivolous issues for review. See 18 U.S.C.
§ 924(e) (person who violates § 922(g)(1) and has three previous convictions for
violent felony or serious drug offense, or both, committed on different occasions from
one another, shall be imprisoned not less than 15 years); United States v. Watts, 553
F.3d 603, 604 (8th Cir. 2009) (per curiam) (“District courts lack the authority to
reduce sentences below congressionally-mandated statutory minimums.”) (citation
omitted).
Accordingly, we grant counsel’s motion to withdraw, and we affirm.
______________________________
-2-

-- 2 of 2 --